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Rethinking the Law of Contract Damages (Hardcover)
Loot Price: R3,010
Discovery Miles 30 100
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Rethinking the Law of Contract Damages (Hardcover)
Series: Rethinking Law series
Expected to ship within 12 - 17 working days
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Total price: R3,020
Discovery Miles: 30 200
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In this series of chapters on contract damages issues, Victor P.
Goldberg provides a framework for analyzing the problems that arise
when determining damages, and applies it to case law in both the
USA and the UK. In analyzing direct damages, the author treats the
problem as pricing the option to terminate. This sheds light on the
question of the date at which damages should be measured and the
role of post-breach information in damage assessment. It shows how
the treatment of the so-called lost volume seller in both countries
results in the court constructing an absurd contract, setting an
option price with perverse characteristics. Goldberg then considers
two questions regarding consequential damages--the enforceability
of consequential damages exclusion clauses and whether the lost
profits claims of new businesses should be rejected. Contracts
professors, judges, lawyers and law students will be inspired by
this volume to rethink the law of contract damages.
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